But a few minutes later as deputies escorted him down a hallway, the 41-year- old called over his shoulder, ``It`s criminal on the state`s part, it really is.``

The three-day trial pitted Berry`s version of events at the jail against the word of his cellmate William Mason Kimmel, an admitted drug addict and four- time convicted felon with a lengthy arrest record.

Prosecutor Gay Broome maintained that Berry hatched the murder plot against former county school teacher and coach Carl H. McMellon, 57, after the pair were arrested in November 1983 on cocaine trafficking charges.

Once in jail, Berry offered Kimmell $10,000 to arrange for McMellon`s death, the state said. Kimmel instead told a sheriff`s detective of the plan.

To make their murder-for-hire case against Berry, the detective went undercover as the supposed hit man ``Knuckles.`` The detective then staged murder photos of McMellon and sent them to Berry as proof the deed was done.

McMellon later cooperated with the state and testified against Berry in the cocaine case in return for three years probation.

Berry was sentenced to 15 years for that trafficking conviction. He now faces a maximum of 30 years for conspiring to kill McMellon and another possible 30- year sentence for selling cocaine to the detective after the supposed murder had been done.

Berry`s defense lawyer, Steven Broudy, denied that his client had anything to do with the alleged plot and said he will appeal.

Broudy argued that the plot was concocted by Kimmel, who wanted to assist the police in some way to avoid going to prison again.

Kimmel was in jail facing assault charges stemming from an altercation he had with eight Lake Worth police officers. Kimmel pleaded guilty and spent a year in the county stockade.

``You`ll see the only conspiracy that existed was between the state and their informant (Kimmel),`` Broudy argued to the jury. ``If a conspiracy existed it was between Mr. Kimmel and Mr. Keys -- not to kill Mr. McMellon, but to see that Mr. Berry got more jail time.``

Broudy said Berry was frightened of Kimmel, who at that time weighed 292 pounds and is a former martial arts instructor. During his jail stay, Berry repeatedly told Kimmel to leave him alone, Broudy said.

``Mr. Berry was a scared and frightened man and would have done anything `Bam Bam` Kimmel told him to do,`` Broudy said.

The jury deliberated for about four hours before returning their verdict at the conclusion of the three-day trial.